By Staff Reporter
Harare – Harare businessman Luka Ignatius Fabris, previously convicted in a US$1 million fraud case, has been acquitted by the High Court following a successful appeal.
Fabris, who was jointly charged with his company Spartan Security, had been found guilty by magistrate Feresi Chakanyuka earlier this year.
However, High Court Justices Happias Zhou and Benjamin Chikowero overturned the conviction, ruling that the state failed to establish key elements of the alleged crime.
“The appeal is allowed. The conviction is quashed, and the sentence has been set aside.
“The first accused, Spartan Security, is found not guilty and acquitted, and so is the second accused Lucas Fabris,” the judges stated in their ruling.
Fabris was accused of defrauding business partner Leigh Ann Patricia Rudland of US$1 million in a failed investment deal.
Prosecutors alleged that in 2019, Fabris, representing Spartan Security, convinced Rudland to invest in the company, purportedly engaged in lucrative cattle ranching.
“He lured her to invest into the business and promised her that she would get two percent of her total investment every month,” said the NPA.
The state claimed that Rudland instructed her lawyers to transfer ZW$4.8 million to Fabris’ bank account on March 21, 2019.
At the time, the sum was equivalent to US$1 million at the prevailing bank rate.
Rudland reportedly received a total of US$540,000 in returns before Fabris ceased payments, allegedly offering various excuses.
Dissatisfied, Rudland filed a complaint, leading to Fabris’ initial conviction.
During the trial, Fabris denied the allegations, asserting that the arrangement had no connection to an investment.
Instead, he argued that Rudland had engaged Spartan Security to convert a ZW$4.8 million electronic transfer into ZW$4.8 million in local currency cash, with a 1% service fee.
Fabris contended that Rudland had collected the cash in batches as agreed.
However, by the time she retrieved the final installment, the local currency had depreciated due to inflation, leading to a loss in value.
Rudland then sought additional compensation for the inflation-induced loss, which Spartan Security declined, arguing that this would amount to unjust enrichment.
Fabris maintained that he had fulfilled all obligations and was no longer indebted to Rudland.
He further argued that the dispute was civil in nature and should not have been pursued through the criminal justice system.
Despite these arguments, the magistrate initially ruled in favor of Rudland, citing her testimony and evidence as credible.
Rudland also insisted on compensation, asserting that the agreement stipulated payment in USD.
However, the High Court found no sufficient evidence to support the state’s claim that Rudland had only received US$540,000.
This led to the acquittal of both Fabris and Spartan Security.
